There have been numerous significant changes to PTAB practice since WG10 last edited its Stage 1 and Stage 2 WG10 Parallel USPTO Proceedings documents in July 2017. Just a few are listed below:
- Supreme Court’s SAS decision and PTAB’s resulting change to a binary approach for institution decisions
- Updated Trial Practice Guide released August 2018
- Move from BRI to Phillips claim construction standard
- Applications in Internet Time, LLC v. RPX Corporation decision from the Federal Circuit and its impact on PTAB RPI/Privy decisions
- PTAB’s developing practice of discretionary denials under 325(d) and 314(a)
- Proposed changes to PTAB motion to amend practice
This drafting team will combine the existing WG10 Parallel USPTO Proceedings Stage One and Stage Two publications into a single publication, make current the content therein, and propose new best practices for improving efficiency and collaboration among the Federal Courts addressing these issues.